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CHHATTISGARH HIGH COURT
A, J
Goodwill Tractors – Appellant
Versus
Pingal Belsariya – Respondent
| Table of Content |
|---|
| 1. factual background leading to the award (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments from both sides regarding liability (Para 6 , 7 , 8 , 9) |
| 3. court's evaluation of ownership and insurance obligations (Para 10 , 11 , 12) |
| 4. legal principles regarding transfer of ownership (Para 13 , 14) |
| 5. court's conclusion and decision on appeal (Para 15 , 16) |
1. Aggrieved by the award dated 31.12.2008 passed by the Additional Motor Accidents Claims Tribunal (FTC), Balod, Distt. Durg (hereinafter referred to as 'the Tribunal') in Claim Case No. 4 of 2008 awarding compensation of Rs.2,05,400 in favour of the claimants fastening the liability upon the appellant, this appeal has been preferred by appellant dealer of Swaraj tractor and spare parts.
2. Facts of the case, in brief, tire that on 1.11.2007 when Narendra Kumar was sitting on the trolley attached to the tractor, he fell down from the said trolley due to rash and negligent driving of the driver, as a result of which he sustained grievous injuries and ultimately succumbed to the same.
3. A claim case was filed by claimants for compensation of Rs.7,42,000 under various heads against the death of Narendra Kumar. In the claim petition, t
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